Female Genital Mutilation (Protection and Guidance) (Scotland) Bill

Author: Nicki Georghiou and Sarah Harvie-Clark

PDF Published: Thursday 05 Sep 2019 (SB 19-56)

Expand
Overview
Report

Hide

Hide

Overview
Report
- Executive Summary
- Introduction
- What is FGM?
  - Where does it originate and where is it practised?
  - Who is at risk?
  - How common is FGM?
  - Why is it practised?
  - Types of FGM
  - Health impact of FGM
- Legal and policy framework on FGM in Scotland
  - The Prohibition of Female Genital Mutilation (Scotland) Act 2005
  - Policy and guidance on FGM in Scotland
    
    Equally Safe: Scotland's strategy to eradicate violence against women and girls
    
    National Action Plan to tackle FGM
    
    Multi-Agency Guidance on FGM
    
    Guidance for healthcare services on FGM
  - Child protection
    
    Getting it right for every child
    
    Child protection system
    
    Definition of a 'child'
    
    The structure of the children's hearing system
    
    Emergency powers
    
    Compulsory supervision order
  - Other civil protection orders
- Current law in the rest of the UK
- International and European law
- Approaches to eradicating FGM in the EU
- The Bill
  - FGM Protection Orders
    
    The purpose of an FGM Protection Order
    
    What would an FGM Protection Order do?
    
    Which court can grant the FGM Protection Order?
    
    Who can apply for an FGM Protection Order?
    
    What are the consequences of breach of an FGM Protection Order?
    
    What is proposed?
    
    How this compares to other civil orders
    
    Policy considerations
    
    How the penalties in the Bill compare to other legislation
    
    Key issues raised in the consultation
  - Guidance
- Consultation
  - Anonymity for victims of FGM
  - Offence of failure to protect from FGM
  - Duty to notify police of FGM
- Costs
Sources

This image provides a visual description of the different types of FGM.

Image: Different types of FGM

Scottish Parliament. (2019, May 29). Female Genital Mutilation (Protection and Guidance) (Scotland) Bill: Policy Memorandum. Retrieved from https://www.parliament.scot/S5_Bills/Female%20Genital%20Mutilation%20(Protection%20and%20Guidance)%20(Scotland)%20Bill/SPBill47PMS052019(1).pdf [accessed 9 August 2019]

World Health Organisation. (2018, January 31). Female genital mutilation. Retrieved from https://www.who.int/news-room/fact-sheets/detail/female-genital-mutilation [accessed 9 August 2019]

National FGM Centre. (2017). Traditional Terms for Female Genital Mutilation. Retrieved from http://nationalfgmcentre.org.uk/wp-content/uploads/2017/12/FGM-Terminology-for-Website.pdf [accessed 4 September 2019]

Scottish Government. (2017, November 27). Responding to Female Genital Mutilation in Scotland: Multi-Agency Guidance. Retrieved from https://www.gov.scot/publications/responding-female-genital-mutilation-fgm-scotland-multi-agency-guidance-978-1-78851-364-7/ [accessed 9 August 2019]

UNICEF. (2016). Female Genital Mutilation/Cutting: A Global Concern. Retrieved from https://www.unicef.org/media/files/FGMC_2016_brochure_final_UNICEF_SPREAD.pdf [accessed 9 August 2019]

End FGM European Network. (n.d.) FGM in Europe. Retrieved from https://www.endfgm.eu/female-genital-mutilation/fgm-in-europe/ [accessed 9 August 2019]

European Institute for Gender Equality. (2015, June 1). Estimation of girls at risk of female genital mutilation in the European Union. Retrieved from https://eige.europa.eu/publications/estimation-girls-risk-female-genital-mutilation-european-union-report [accessed 27 August 2019]

UNICEF. (2016, February 5). New statistical report on female genital mutilation shows harmful practice is a global concern. Retrieved from https://www.unicef.org/media/media_90033.html [accessed 27 August 2019]

Baillot, H., Murray, N., Connelly, E., & Howard, D.N. (2014, December). Tackling FGM in Scotland: A Scottish model of intervention. Retrieved from http://www.scottishrefugeecouncil.org.uk/assets/0000/9061/FGM_Report_FINAL_A4portrait.pdf [accessed 9 August 2019]

Proudman, D.C. (2018, May 20). Female Genital Mutilation/Cutting: Asylum Claims and Appeals. Retrieved from http://www.refugeelegalaidinformation.org/female-genital-mutilationcutting-asylum-claims-and-appeals [accessed 29 August 2019]

Royal College of Obstetricians and Gynaecologists. (2015, July 10). Female Genital Mutilation and its Management (Green-top Guideline No. 53). Retrieved from https://www.rcog.org.uk/en/guidelines-research-services/guidelines/gtg53/ [accessed 20 August 2019]

McCurley, C. (2015, November). FGM: why prosecutions are not the answer. Retrieved from https://www.lag.org.uk/article/202777/fgm--why-prosecutions-are-not-the-answer [accessed 2 September 2019]

Mellor, I. (2018, June 28). The fight against FGM in the UK. Retrieved from https://www.ucl.ac.uk/laws/news/2018/jun/blog-post-fight-against-fgm-uk

Milburn, L. (2018, April 30). Why Are The UK’s Laws Against FGM Not Working?. Retrieved from https://rightsinfo.org/why-uk-laws-fgm-not-working/ [accessed 2 September 2019]

Scottish Government and COSLA. (2018, April 25). Equally Safe: Scotland's strategy to eradicate violence against women. Retrieved from https://www.gov.scot/publications/equally-safe-scotlands-strategy-prevent-eradicate-violence-against-women-girls/ [accessed 15 August 2019]

Scottish Government and COSLA. (2017, November 24). https://www.gov.scot/publications/equally-safe-delivery-plan-scotlands-strategy-prevent-violence-against-women/. Retrieved from https://www.gov.scot/publications/equally-safe-delivery-plan-scotlands-strategy-prevent-violence-against-women/ [accessed 15 August 2019]

Scottish Government and COSLA. (2018, November 23). Equally Safe delivery plan: year one update. Retrieved from https://www.gov.scot/publications/equally-safe-year-one-update-report/ [accessed 15 August 2019]

Scottish Government. (2016, February 4). Scotland's national action plan to prevent and eradicate FGM. Retrieved from https://www.gov.scot/publications/scotlands-national-action-plan-prevent-eradicate-fgm/ [accessed 15 August 2019]

Scottish Government. (2017, October 13). Scotland's national action plan to prevent and eradicate FGM: year one report. Retrieved from https://www.gov.scot/publications/scotlands-national-action-plan-prevent-eradicate-female-genital-mutilation-fgm/ [accessed 15 August 2019]

Scottish Government. (2016, February 16). Guidance for services for women and girls affected by FGM. Retrieved from https://www.gov.scot/publications/fgm-guidance/ [accessed 23 August 2019]

Scottish Government. (2014, May 19). National Guidance for Child Protection in Scotland. Retrieved from https://www.gov.scot/publications/national-guidance-child-protection-scotland/ [accessed 23 August 2019]

Children's (Scotland) Act 1995, section 16. (n.d.) Retrieved from https://www.legislation.gov.uk/ukpga/1995/36/section/16 [accessed 30 August 2019]

Ministry of Justice. (2014, July 22). Female genital mutilation: proposal to introduce a civil protection order. Retrieved from https://consult.justice.gov.uk/digital-communications/female-genital-mutilation-proposal-to-introduce-a/user_uploads/fgm-civil-protection-order-consultation.pdf [accessed 30 August 2019]

Scottish Women's Aid. (2009). The use and effectiveness of exclusion orders under the Matrimonial homes (Family protection) (Scotland) Act 1981 in preventing homelessness. Retrieved from https://womensaid.scot/wp-content/uploads/2017/07/ExclusionOrderReport.pdf [accessed 30 August 2019]

Scottish Government. (2008). The Adult Support and Protection (Scotland) Act 2007: A short introduction to Part 1 of the Act. Retrieved from https://www.gov.scot/binaries/content/documents/govscot/publications/advice-and-guidance/2008/07/adult-support-protection-scotland-act-2007-short-introduction-part-1-act/documents/0063124-pdf/0063124-pdf/govscot%3Adocument/0063124.pdf [accessed 30 August 2019]

BBC news. (2019, February 1). FGM: Mother guilty of genital mutilation of daughter. Retrieved from https://www.bbc.co.uk/news/uk-england-47094707 [accessed 30 August 2019]

Ministry of Justice. (2019, March 28). Family Court Statistics Quarterly, England and Wales, Annual 2018 including October to December 2018. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/789792/FCSQ_October_to_December_2018_-_final.pdf [accessed 29 August 2019]

Proudman, D.C. (2018, April 28). A Barrister’s Perspective on the Challenges of Applying for FGM Protection Orders. Retrieved from http://nationalfgmcentre.org.uk/wp-content/uploads/2018/06/A-Barrister’s-Perspective-on-the-Challenges-of-Applying-for-FGM-Protection-Orders- [accessed 2 September 2019]

Serious Crime Act 2015: Explanatory Notes. (2015). Retrieved from http://www.legislation.gov.uk/ukpga/2015/9/notes/contents [accessed 16 August 2019]

Home Office. (2018, April 10). Gender issues in the asylum claim. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/699703/gender-issues-in-the-asylum-claim-v3.pdf [accessed 26 August 2019]

European Institute for Gender Equality. (n.d.) Clear guidelines on whether FGM justifies asylum. Retrieved from https://eige.europa.eu/gender-based-violence/good-practices/united-kingdom/clear-guidelines-whether-fgm-justifies-asylum [accessed 26 August 2019]

European Institute for Gender Equality. (2013, March 6). Female Genital Mutilation in the European Union. Retrieved from https://eige.europa.eu/publications/female-genital-mutilation-european-union-report [accessed 26 August 2019]

Home Office. (2018, October 30). Ratification of the Council of Europe convention on combating violence against women and domestic violence - progress report. Retrieved from https://www.gov.uk/government/publications/ratification-of-the-council-of-europe-convention-on-combating-violence-against-women-and-domestic-violence-progress-report [accessed 26 August 2019]

European Institute for Gender Equality. (2018, November). Estimation of girls at risk of female genital mutilation in the European Union - Report. Retrieved from https://eige.europa.eu/publications/estimation-girls-risk-female-genital-mutilation-european-union-report-0 [accessed 30 August 2019]

Home Affairs Committee, House of Commons. (2014, June 25). Female genital mutilation: the case for a national action plan. Retrieved from https://publications.parliament.uk/pa/cm201415/cmselect/cmhaff/201/20105.htm#a6 [accessed 30 August 2019]

Scottish Government. (2019). Email from Scottish Government Bill team to SPICe. [Unpublished].

Scottish Government. (2019). Email from the Scottish Government Bill Team to SPICe. [Unpublished].

Scottish Government. (2019). No title [No description].

Gaffney-Rhys, R. (2019, July 24). Female Genital Mutilation: the law in England and Wales viewed from a Human Rights Perspective. Retrieved from https://www.tandfonline.com/doi/full/10.1080/13642987.2019.1646249 [accessed 30 August 2019]

Ministry of Justice. (2014). Female genital mutilation: proposal to introduce a civil protection order: consultation hub. Retrieved from https://consult.justice.gov.uk/digital-communications/female-genital-mutilation-proposal-to-introduce-a/ [accessed 30 August 2019]

Scottish Government. (2019, May 24). Strengthening protection from Female Genital Mutilation (FGM): consultation analysis. Retrieved from https://www.gov.scot/publications/strenghtening-protection-female-genital-mutilation-fgm-analysis-consultation-responses/ [accessed 26 August 2019]

Home Office. (2013, November). Evaluation of the Pilot of Domestic Violence Protection Orders. Research Report No 76. Retrieved from https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/260897/horr76.pdf [accessed 30 August 2019]

Scottish Government. (2018, October 14). Strengthening protection from Female Genital Mutilation (FGM). Retrieved from https://www.gov.scot/publications/strengthening-protection-female-genital-mutilation-fgm/ [accessed 16 August 2019]

Scottish Legal Aid Board. (n.d.) Civil Guidance. Retrieved from https://www.slab.org.uk/solicitors/legal-aid-guidance/civil-guidance/#2.16 [accessed 30 August 2019]

Scottish Parliament. (2019, May 29). Female Genital Mutilation (Protection and Guidance) (Scotland) Bill: Financial Memorandum. Retrieved from https://www.parliament.scot/S5_Bills/Female%20Genital%20Mutilation%20(Protection%20and%20Guidance)%20(Scotland)%20Bill/SPBill47FMS052019.pdf [accessed 29 August 2019]

Dorkenoo, E., & Macfarlane, A. (2015, July). Prevalence of Female Genital Mutilation in England and Wales: National and local estimates. Retrieved from https://www.trustforlondon.org.uk/publications/prevalence-female-genital-mutilation-england-and-wales-national-and-local-estimates/ [accessed 29 August 2019]

Last Updated: 3/1 4:50am

Image: Different types of FGM

An error occured while loading, please try again in a few minutes.